22. The Right to Free Elections

This chapter examines the protection of the right to free elections in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 3 of Protocol 1 and highlights the increasing number of complaints of violations of this Article, which indicates that the Strasbourg Court is giving fresh emphasis to this provision as essential to the foundations of democratic legitimacy of the State. The chapter also discusses case-law on the nature of the legislature, electoral systems, the right to vote, and the right to stand for election.

21. The Right to Education

This chapter examines the protection of the right to education in the European Convention on Human Rights (ECHR), discusses the provisions of Article 2 of the Protocol 1, and highlights the Strasbourg Court’s recognition of the connection of the right to education with the rights protected by Articles 8 to 10 of the Convention. It examines the developments concerning parents’ philosophical convictions and issues concerning religious symbols in the classroom.

18. Freedom of Expression

This chapter examines the protection of the freedom of expression in the European Convention on Human Rights, discusses the provisions of Article 10, and explains that the majority of cases concerning Article 10 are brought by persons who have received some penalty for defaming or insulting other people. It analyses what constitutes an interference with free expression and considers the limitations on freedom of expression. The chapter also examines the judgments made by the Strasbourg Court on several related cases, including those that involved incitement to violence and hate speech, obscenity, and blasphemy. It also covers the development of case-law concerning social media and the internet.

16. Protecting Private Life, The Home, and Correspondence

This chapter examines Article 8 of the European Convention on Human Rights (ECHR) and its protection of private life, the home, and correspondence; analyses the scope of the protection of private life under ECHR; and provides the Convention definition of private life, home, and correspondence. It also discusses the judgments made by the Strasbourg Court in several relevant cases, including those involving freedom from interference with physical and psychological integrity, freedom to develop one’s identity, issues of health and sexuality, protection of one’s living environment, and protection of prisoners’ correspondence.

11. Personal Liberty and Security

This chapter examines the provisions of the European Convention on Human Rights on personal liberty and security, and discusses the provisions of Article 5, which aims to guarantee liberty of the person and to provide guarantees against arbitrary arrest or detention. It explains what amounts to a deprivation of liberty and considers the concept of arbitrariness. The chapter also criticises the rather confused and unclear text of Article 5, and discusses the interpretation of the Strasbourg Court of this article in its judgments.

4. Interpreting the Convention

This chapter analyses the interpretation of the European Convention on Human Rights (ECHR). It explains that there are key themes which have dominated the interpretation of the Convention: the purposive and the evolutive interpretations. The chapter describes the approach of the Strasbourg Court to the interpretation of the ECHR and evaluates the influence of the Vienna Convention. It suggests that the interpretation of the Convention builds on the rules of public international law on the interpretation of treaties and has remained broadly consistent with those principles, and that the role of the Strasbourg Court is casuistic.

6. Reservations and Derogations

This chapter examines reservations and derogations, the principal means by which a Contracting Party can avoid the full application of certain provisions of the European Convention on Human Rights (ECHR). It explains that Article 57 of the ECHR allows reservations to certain provisions, while Article 15 permits Contracting Parties to exclude the operation of certain Convention rights on a temporary basis. The chapter also discusses provisions of Articles 17 and 18 which seek to ensure that the Convention is not used to undermine the scheme of protection set out in it, and also considers the limitation of the use of restriction on rights.

5. The Scope of the Convention

This chapter examines the scope of the provisions of the European Convention on Human Rights (ECHR). It discusses the concept of jurisdiction in Article 1 of the Convention, including extraterritorial jurisdiction and jurisdiction over breakaway or autonomous regions, and the liability for acts of international organisations. The chapter highlights the centrality of Article 1 to the multilevel system of protection set in place by the ECHR and analyses some relevant cases.

1. Context, Background, and Institutions

This chapter examines the history and institutions associated with the European Convention on Human Rights (ECHR). It discusses the content of the European Convention, the system of protection it offers, its relationship with other international courts and tribunals, and the role of the Secretary-General of the Council of Europe in the enforcement of the human rights provisions.

20. Protection of Property

This chapter examines protection of the right to property in the European Convention on Human Rights (ECHR). It discusses the provisions of Article 1 of Protocol 1 and explains that all the provisions of the Convention, including Articles 13 to 18, apply equally to the rights guaranteed by the First Protocol. The chapter also suggests that the Strasbourg Court has come to approach the protection of property rights using much the same methodology as it adopts in relation to complaints of violations of the rights protected by Articles 8 to 11. It examines the application of the right to property to issues such as restitution and rent control.